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ClearIAS » Current Affairs Notes » Uniform Civil Code (UCC): Pros and Cons in a nutshell

Uniform Civil Code (UCC): Pros and Cons in a nutshell

Last updated on March 23, 2017 by Clear IAS Team

The issue of the Uniform Civil Code has emerged into India’s political discourse recently mainly because many Muslim women, affected adversely by the personal laws, have begun knocking on the doors of the Supreme Court to uphold their fundamental rights to equality and liberty in keeping with constitutional provisions. The Union law ministry has recently asked the law commission to examine the matters in relation to the implementation of the uniform civil code.

What is Uniform Civil Code?

The Uniform Civil Code (UCC) in India proposes to replace the personal laws based on the scriptures and customs of each major religious community in the country with a common set governing every citizen.
The Uniform Civil Code

Is there a provision in Indian constitution for Uniform Civil Code (UCC)?

The constitution has a provision for Uniform Civil Code in Article 44 as a Directive Principle of State Policy which states that “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.”

What are the Pros of the Uniform Civil Code?

To provide equal status to all citizens

In the modern era, a secular democratic republic should have a common civil and personal laws for its citizens irrespective of their religion, class, caste, gender etc.

To promote gender parity

It is commonly observed that personal laws of almost all religions are discriminatory towards women. Men are usually granted upper preferential status in matters of succession and inheritance. Uniform civil code will bring both men and women at par.

To accommodate the aspirations of the young population

A contemporary India is a totally new society with 55% of its population is below 25 years of age. Their social attitudes and aspirations are shaped by universal and global principles of equality, humanity, and modernity.Their view of shedding identity on the basis of any religion has to be given a serious consideration so as to utilize their full potential towards nation building.

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To support the national integration

All Indian citizens are already equal before the court of law as the criminal laws and other civil laws (except personal laws) are same for all. With the implementation of Uniform Civil Code, all citizen will share the same set of personal laws. There will be no scope of politicization of issues of the discrimination or concessions or special privileges enjoyed by a particular community on the basis of their particular religious personal laws.

To bypass the contentious issue of reform of existing personal laws

Existing personal laws are mainly based on the upper-class patriarchal notions of the society in all religions. The demand of UCC is normally made by aggrieved women as a substitute for existing personal laws as patriarchal orthodox people still deem the reforms in personal laws will destroy their sanctity and oppose it profusely.
The Pros and Cons of Uniform Civil Code

What are the Cons of Uniform Civil Code?

Practical difficulties due to diversity in India

It is practically tough to come up with a common and uniform set of rules for personal issues like marriage due to tremendous cultural diversity India across the religions, sects, castes, states etc.

Perception of UCC as encroachment on religious freedom

Many communities, particularly minority communities perceive Uniform Civil Code as an encroachment on their rights to religious freedom. They fear that a common code will neglect their traditions and impose rules which will be mainly dictated and influenced by the majority religious communities.

Interference of state in personal matters

The constitution provides for the right to freedom of religion of one’s choice. With codification of uniform rules and its compulsion, the scope of the freedom of religion will be reduced.

Sensitive and tough task

Such a code, in its true spirit, must be brought about by borrowing freely from different personal laws, making gradual changes in each, issuing judicial pronouncements assuring gender equality, and adopting expansive interpretations on marriage, maintenance, adoption, and succession by acknowledging the benefits that one community secures from the others. This task will be very demanding time and human resource wise. The government should be sensitive and unbiased at each step while dealing with the majority and minority communities. Otherwise, it might turn out to be more disastrous in a form of communal violence.

Time is not yet suitable for this reform

Considering a major opposition from Muslim community in India over this issue overlapping with controversies over beef, saffronization of school and college curriculum, love jihad, and the silence emanating from the top leadership on these controversies, there needs to be given sufficient time for instilling confidence in the community. Otherwise, these efforts towards common will be counterproductive leaving minority class particularly Muslims more insecure and vulnerable to get attracted towards fundamentalist and extremist ideologies.

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Conclusion

  • At the end of the day, a UCC can only emerge through an evolutionary process, which preserves India’s rich legal heritage, of which all the personal laws are equal constituents.
  • The codification and implementation of UCC may not necessarily usher in the expected equality among genders and religions.
  • Major sensitization efforts are needed to reform current personal law reforms which should first be initiated by the communities themselves.
  • Current institutions need to be modernized, democratized and strengthened for this change. Sincere efforts towards women empowerment have to be taken for all women of all religions.
  • The plural democracy is an identity of the modern India. Therefore, efforts should be focused on harmony in plurality than blanket uniformity for flourishing Indian democracy.

Article by: Manjiri Mulye.

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Reader Interactions

Comments

  1. Chetna says

    March 24, 2017 at 4:09 pm

    Can u make an app for hindi medium students in hindi language for ias

    Reply
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      April 8, 2017 at 4:03 pm

      Please make notes for hindi medium students

  2. Rudresh says

    April 22, 2017 at 8:03 am

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  3. Ishfaq Ahmad says

    May 13, 2017 at 6:44 pm

    Thanx nation builders…

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  4. Rahul says

    July 9, 2017 at 11:38 am

    Good article

    Reply
  5. Jayaraj says

    August 21, 2017 at 8:14 am

    Uniform civi code is a universal reality .the only grey area is sharia law . Like Hindu law and Christian personnel law ,even in sharia law the sole guardianship of a child below five years of age is the child’s mother alone and if the child’s mother marries another person other than the child’s father before the child attains five years of age loose the guardianship of the child unequivocally and the child is designated an orphan with state taking over the legal guardianship till she opts to choose her biological father as guardian after crossing
    the child’s five years of age .this clearly shows that all personnel laws are having a common essence . The debate in implementing universal common civil code for all citizens should be completed this year with the introduction of the much awaited Bill in parliament with a provision for sharia laws to prevail incase of a conflict , if a question of law is raised in court and not as a general option for citizens of India which should alone be the civil code .

    Reply
  6. MUKESH Nayak says

    September 10, 2018 at 11:25 pm

    The best i hv site ever used for ias preparation . Detail description and analysis helps in understanding to the depth

    Reply
  7. Safiquer says

    March 21, 2019 at 3:10 pm

    Very much helpful article….Thank you

    Reply
  8. srujana says

    September 19, 2019 at 8:04 pm

    nice article …. very useful

    Reply
  9. Rafique Ali Wasim says

    November 26, 2019 at 12:04 am

    Sigi article si khra adum yara UCC gidi.

    Reply
  10. Viraj Bakre says

    April 9, 2020 at 6:34 pm

    Good informative article

    Reply

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